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Mother died with debt and no estate. Help needed

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  • heatherw_01
    heatherw_01 Posts: 6,803 Ambassador
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    edited 4 January 2013 at 12:09PM
    Mojisola wrote: »
    Or send that cheque back and ask them to issue another one with "the late" on it as per the bank's requirement.

    That would keep everything in her account and keep your personal accounts separate.

    No they won't issue a cheque at all. The first one said that is fine (they are sending a claim form) but the second life policy company would not issue a cheque at all and RBS frozer her bank account so only cheques saying the late on can be paid into the bank account.
    They will only pay into a bank account directly which the bank won't allow.
    I don't know where to get that paid now other than my account. I just don't want creditors coming chasing me for it when they find out it was in my bank account. I could use that for the funeral, and some of the other plan to pay the rest, it is just I don't know where to pay the money as they won't issue a cheque
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  • pukkamum
    pukkamum Posts: 3,944 Forumite
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    Here's another vote for paying the funeral and walking away, my step-father died in much the same circumstances and as next of kin my 19 yr old sister had to deal with it.
    She simply cleared his flat of personal items she wanted and handed the key back, she simply popped the key in an envelope with a letter to say he had died but with no return address, wrote a letter pretty much the same to the benefits agency with a copy of his death cert and therefore no debtors even knew that she existed.
    Basically as far as she was concerned his debts died with him as he was not financially attatched to her.

    She had no qualms about doing this and i agreed with her.
    I don't get nearly enough credit for not being a violent psychopath.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    No they won't issue a cheque at all. The first one said that is fine (they are sending a claim form) but the second life policy company would not issue a cheque at all and RBS frozer her bank account so only cheques saying the late on can be paid into the bank account.
    They will only pay into a bank account directly which the bank won't allow.

    Why? All the insurance companies that paid out after my Mum's death sent cheques.
  • heatherw_01
    heatherw_01 Posts: 6,803 Ambassador
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    Mojisola wrote: »
    Why? All the insurance companies that paid out after my Mum's death sent cheques.

    I don't know but they won't. It must be a bank account
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  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    I don't know but they won't. It must be a bank account

    When you decide which funeral director get them to pay it direct to their account.
  • heatherw_01
    heatherw_01 Posts: 6,803 Ambassador
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    Decided on the funeral director now. Will have to go back to do the final arrangements

    Got my claim form today from phoenix over 50 life insurance. They can only pay full funeral bills and the amount isn't enough to cover the whole bill so getting them to send a cheque to me but in the name of "the late" and my mums name.
    That will go in the RBS bank.

    AXA Sunlife over 50 are closed today so I can't call them today, but they did say they wouldn't pay a cheque. Will ask them again when I call Monday to claim. If they won't write a cheque, I will ask them about paying it to the funeral director, but again, it isn't enough to cover the whole funeral bill.
    Don't know if I should just get the money to my bank account and write a cheque to my mums bank account for the full amount, then pay the funeral from her account?
    If AXA Sun Life will only pay a bank account then if it got paid to the funeral director, it would be more of a bank credit wouldn't it rather than a funeral payment?

    RBS and the Post Office bank accounts both want to give me the rest of the money in her accounts. I told them that it isn't mine to claim because of her debts etc, but they don't seem to care.

    This would be less hassle if one of the policies covered the full bill.

    Obviously as I don't have the insurance money yet, the funeral director wait until I get the insurance money if I go and make arrangements now, or should I wait to make the funeral arrangements until the insurance has paid out?
    (Phoenix can take up to 10 days. Only just got the claim form to send off)
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  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    Decided on the funeral director now. Will have to go back to do the final arrangements

    Got my claim form today from phoenix over 50 life insurance. They can only pay full funeral bills and the amount isn't enough to cover the whole bill so getting them to send a cheque to me but in the name of "the late" and my mums name.
    That will go in the RBS bank.

    AXA Sunlife over 50 are closed today so I can't call them today, but they did say they wouldn't pay a cheque. Will ask them again when I call Monday to claim. If they won't write a cheque, I will ask them about paying it to the funeral director, but again, it isn't enough to cover the whole funeral bill.
    Don't know if I should just get the money to my bank account and write a cheque to my mums bank account for the full amount, then pay the funeral from her account?
    If AXA Sun Life will only pay a bank account then if it got paid to the funeral director, it would be more of a bank credit wouldn't it rather than a funeral payment?

    RBS and the Post Office bank accounts both want to give me the rest of the money in her accounts. I told them that it isn't mine to claim because of her debts etc, but they don't seem to care.

    This would be less hassle if one of the policies covered the full bill.

    Obviously as I don't have the insurance money yet, the funeral director wait until I get the insurance money if I go and make arrangements now, or should I wait to make the funeral arrangements until the insurance has paid out?
    (Phoenix can take up to 10 days. Only just got the claim form to send off)

    Go and make plans now. You may find that there aren't slots available at the crem for a couple of weeks anyway.

    If AXA will pay directly to the undertakers, that would be one solution. They could then send the invoice to the bank for the difference.

    If AXA won't do that, it sounds like getting it into your account and transferring it is the only option.

    How are you holding up? This must be so difficult to deal with.
  • heatherw_01
    heatherw_01 Posts: 6,803 Ambassador
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    I'm ok but this is all I think about day and night and it is wearing me down emotionally and physically.

    If AXA pay the funeral director, it would probably just show in his bank as a bank credit. He could just deny he got the money couldn't he? I assume it would have to be paid to him as a funeral bill rather than just a bank credit?
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  • Mojisola
    Mojisola Posts: 35,571 Forumite
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    I'm ok but this is all I think about day and night and it is wearing me down emotionally and physically.

    If AXA pay the funeral director, it would probably just show in his bank as a bank credit. He could just deny he got the money couldn't he? I assume it would have to be paid to him as a funeral bill rather than just a bank credit?

    I'd be very surprised if this would happen. A funeral directors relies on their local good name to stay in business. Dodgy dealings would soon send people heading off to the competition.

    You will have written evidence asking AXA to send £x to the funeral director. He will have that amount appearing in his account. Rather hard to deny he got it.
  • heatherw_01
    heatherw_01 Posts: 6,803 Ambassador
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    I am guessing most funeral directors require a deposit? The deposit would have to be AXA most likely. He would have to wait for that
    I’m a Forum Ambassador and I support the Forum Team on the Quick Grabbit, Freebies, Overseas Holidays & Travel Planning and the UK Holidays, Days Out & Entertainments boards.
    If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com.
    All views are my own and not the official line of MoneySavingExpert.
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